Andhra Pradesh High Court Dismisses Habeas Corpus Pleas for Maoist Leaders: No Evidence of Custody


The Andhra Pradesh High Court has dismissed two habeas corpus petitions seeking the whereabouts of CPI (Maoist) leaders Thippiri Tirupati alias Devji and Malla Raji Reddy alias Sangram. The Court held that there was no prima facie evidence to establish that the two leaders were in the custody of the police. The judgment reinforces the fundamental principles governing habeas corpus jurisdiction and the evidentiary thresholds required for such relief.

Background of the Habeas Corpus Petitions

The petitions were filed by the relatives of the two missing Maoist leaders—Devji’s brother Tippiri Gangadhar and Raji Reddy’s daughter Malla Snehalatha. They sought directions to the police to produce the leaders before the court, alleging their detention after a major encounter on November 18 in Alluri Sitarama Raju district.

The encounter reportedly resulted in the killing of six Maoists, including top commander Madvi Hidma. Petitioners argued that senior police officers had hinted in media briefings that several senior Maoists were taken into custody, forming the basis of their apprehension.

Court’s Observations: No Evidence of Detention

A division bench comprising Justice Manavendranath Roy and Justice Tuhin Kumar examined:

  • Video footage submitted by the petitioner

  • Media clippings of police briefings

  • Statements of senior police officials

  • Responses from the State Government

The Court found no reference—direct or implied—that Devji and Raji Reddy were arrested or detained. Although police confirmed the arrest of nine Maoists linked to Devji's security team, they categorically denied custody of the leaders themselves.

The Court held that mere apprehension, suspicion, or media-based speculation cannot trigger a habeas corpus remedy unless supported by substantive evidence.

Legal Principles Governing Habeas Corpus

A habeas corpus petition can be invoked only where:

  1. There is unlawful and illegal detention,

  2. The detaining authority denies producing the person, or

  3. There is material suggesting secret detention by the State.

In this case, the Court concluded none of these conditions were satisfied.

Statutory and Constitutional Provisions Involved

Article 21 of the Constitution of India

Guarantees the right to life and personal liberty. A habeas corpus petition is a constitutional remedy designed to protect this right.

Article 226

Empowers the High Courts to issue writs, including habeas corpus, for enforcement of fundamental rights and other legal rights.

Code of Criminal Procedure, 1973 (CrPC)

Sections relevant in custody cases:

  • Section 57 – An arrested person must be produced before a magistrate within 24 hours.

  • Section 167 – Procedure for remand.

  • Section 41 & 41B – Procedure relating to arrest and rights of arrested persons.

Since the State confirmed that all arrests made after the encounter were presented before jurisdictional magistrates, no violation of CrPC was established.

Judicial Precedents Reinforcing the Court’s View

1. Kanu Sanyal v. District Magistrate (1973)

Held that habeas corpus examines procedural legality of detention, not merely allegations.

2. ADM Jabalpur v. Shivkant Shukla (1976)

Though later overruled, it clarified historically that the State must justify detention with evidence.

3. Sunil Batra v. Delhi Administration (1978)

Reaffirmed that habeas corpus lies only where illegal custody is demonstrable.

4. Sadasivam v. State of Tamil Nadu (1975)

Heard that suspicion, rumours, or assumptions are not sufficient grounds for habeas corpus.

5. Sheela Barse v. State of Maharashtra (1983)

Laid down protections for detainees, but still required proof of custody.

The Andhra Pradesh High Court’s decision is consistent with these precedents, reaffirming that habeas corpus cannot be invoked on speculative grounds.

Court Allows Liberty to Approach Again

The bench clarified that petitioners may return to the court if credible, new evidence emerges regarding the custody of the two Maoist leaders. The dismissal does not preclude future judicial review if circumstances change.

Context: Possible Surrender of Maoist Leaders

Parallel to the habeas corpus proceedings, senior Telangana police officials indicated that Devji and Raji Reddy, along with other Telangana-based Maoist leaders, may be preparing to surrender.

This indicates shifting dynamics in Maoist command structures, especially following the loss of several top leaders in recent encounters.

Conclusion

The Andhra Pradesh High Court’s dismissal of the habeas corpus petitions underscores the importance of evidentiary integrity in personal liberty cases. While the right to seek judicial protection remains open, courts require substantive proof of illegal detention before intervening. The decision reinforces constitutional safeguards while balancing State responsibilities in counter-insurgency operations.


Location: Pune, Maharashtra, India

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